HQ 954296: Classification of travel pouches, spectacle case and belt; travel, sports and similar bags, 4202.92; articles of a kind normally carried in the pocket or handbag, 4202.32; clothing accessories, 6217.10

us-cbp-cross-rulings-hq-954296HQ 954296: Classification of travel pouches, spectacle case and belt; travel, sports and similar bags, 4202.92; articles of a kind normally carried in the pocket or handbag, 4202.32; clothing accessories, 6217.10Guidance

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.




                            HQ 954296

                        November 30, 1993




CLA-2  CO:R:C:T  954296 CC

CATEGORY:  Classification

TARIFF NO.: 4202.32; 4202.92; 6217.10

Thomas E. Miller
Elaine M. Miller
1961 Radcliffe Drive-North
Clearwater, FL 34623

RE:  Classification of travel pouches, spectacle case and belt;
     travel, sports and similar bags, 4202.92; articles of a kind
     normally carried in the pocket or handbag, 4202.32; clothing
     accessories, 6217.10

Dear Mr. and Mrs. Miller: 

     This letter is in response to your request for the tariff
classification of travel pouches, a spectacle case and a belt. 
Samples were submitted for examination.  

FACTS:

     Five samples were submitted for classification, designated
as styles K-1, K-2, K-4, A-1, and F-20.  You state that you are
unsure of what materials the corduroy fabric employed in much of
this merchandise is made.  

     Item K-1 is a travel pouch that measures approximately 4
inches by 6+ inches and is designed to be worn on a belt.  It
contains two small pockets on its front, one with a snap closure
and the other with a zipper closure.  It is made of corduroy
fabric with man-made fiber trim.  

     Item K-2 is a travel pouch that measures approximately 3+
inches by 6 inches and is designed to be worn on a belt.  It is
made of corduroy fabric with man-made fiber trim.  

     Item K-4 is a travel pouch that measures approximately 5
inches by 9 inches and is designed to be worn on a belt.  It
contains two small pockets on its front, one with a snap closure
and the other with a zipper closure.  It is made of corduroy
fabric with man-made fiber trim.  
     
     Item A-1 is a spectacle case that measures 3+ inches by 6+
inches and has a snap closure.  This item is made of corduroy
fabric.  

     Item F-20, designated by you as a "travel/sportsman belt,"
measures approximately 2+ inches wide.  It is made of man-made
fibers and contains a metal clip.  

ISSUE:

     What is the classification of the merchandise at issue under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.  

     Heading 4202, HTSUSA, provides for traveling bags, sports
bags and similar containers, among other articles.  Subheading
4202.92, HTSUSA, includes travel, sports and similar bags with an
outer surface of textile materials.  Additional U.S. Note 1 to 
Chapter 42 states the following:

     For the purposes of heading 4202, the expression
"travel, sports and similar bags" means goods, other
than those falling in subheadings 4202.11 through
4202.39, of a kind designed for carrying clothing and
other personal effects during travel, including
backpacks and shopping bags of this heading, but does
not include binocular cases, camera cases, musical
instrument cases, bottle cases and similar containers. 

     Items K-1, K-2, and K-4 are pouches designed for carrying
personal effects during travel.  Consequently, these items are
classified under subheading 4202.92.  

     Subheading 4202.32, HTSUSA, provides for articles of a kind
normally carried in the pocket or in the handbag, with outer
surface of sheeting of plastic or of textile materials. 
According to the Harmonized Commodity Description and Coding
System, Explanatory Notes, the official interpretation of the
HTSUSA at the international level, at page 613, subheading
4202.32 covers articles of a kind normally carried in the pocket
or in the handbag and include spectacle cases (emphasis added),
note-cases (bill-folds), wallets, purses, key-cases, cigarette-
cases, cigar-cases, pipe-cases and tobacco-pouches. 
Consequently, item A-1, the spectacle case, is classified under
subheading 4202.32.

     Heading 6217, HTSUSA, includes other made up clothing
accessories.  According to the Explanatory Notes, at page 859,
this heading includes belts of all kinds (including bandoliers)
and sashes (e.g., miliary or ecclesiastical), of textile fabric,
whether or not elastic or rubberized or of woven metal thread. 
These articles are included here even if they incorporate buckles
or other fittings of precious metal, or are decorated with
pearls, precious or semi-precious stones (natural, synthetic or
reconstructed).  Item F-20 is a belt, classifiable in Heading
6217.

HOLDING:

     Items K-1, K-2, and K-4, the travel pouches, if composed of
cotton fabric, are classified under subheading 4202.92.3015,
HTSUSA, which provides for travel, sports and similar bags, with
outer surface of textile materials, other, other, of cotton,
dutiable at a rate of 20 percent ad valorem and subject to
textile category 369.  If composed of man-made fibers, these
articles are classified under subheading 4202.92.3030, HTSUSA,
which provides for travel, sports and similar bags, with outer
surface of textile materials, other, other, of man-made fibers,
other, dutiable at a rate of 20 percent ad valorem and subject to
textile category 670.  

     Item A-1, the spectacle case, if composed of cotton fabric,
is classified under subheading 4202.32.9530, HTSUSA, which
provides for articles of a kind normally carried in the pocket or
in the handbag, with outer surface of textile materials, other,
other, of cotton, dutiable at a rate of 20 percent ad valorem and
subject to textile category 369.  If composed of man-made fibers,
this article is classified under subheading 4202.32.9550, HTSUSA,
which provides for articles of a kind normally carried in the
pocket or in the handbag, with outer surface of textile
materials, other, other, of man-made fibers, dutiable at a rate
of 20 percent ad valorem and subject to textile category 670.

     Item F-20, the belt, is classified under subheading
6217.10.0030, HTSUSA, which provides for other made up clothing
accessories, accessories, of man-made fibers.  The rate of duty
is 15.5 percent ad valorem, and the textile category is 659.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.  

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division




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